Faculty in the News
In the News
Judge Mulls Pivotal Issues in Kan. Abortion Trial
Publication date: Dec. 20, 2009
Source: The Associated Press
Author: Roxana Hegeman
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An article by the Associated Press on the upcoming judge's ruling on several motions in the case of Scott Roeder, who is accused of killing Wichita abortion provider George Tiller, including whether the defense will be allowed to use the so-called "necessity defense" at trial, quoted KU Law professors Melanie Wilson and Richard Levy.
The Associated Press wrote:
Legal experts and others close to the case have suggested his public defenders may actually be aiming at a conviction on a lesser offense such as voluntary manslaughter -- defined in Kansas as "an unreasonable but honest belief that circumstances existed that justified deadly force."
That would be an easier argument to make to jurors than a necessity defense, which is unlikely to win, said Melanie Wilson, a University of Kansas law professor. A necessity defense, also known as the "choice of evils defense," requires proof that the defendant reacted to an immediate danger, an argument that is undermined by abortion's legality.
"The defendant has a right to a defense and so if he can put forth evidence that shows adequate facts to support such a defense, well then he should be allowed to do so," Wilson said. "I suspect that is what the big fight is going to be at the motions hearing."
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Legal experts say the prosecution will likely want to keep the case limited to a straightforward murder case and avoid a discussion of abortion.
"The defense would rather have it be a trial of abortion -- particularly late-term abortion -- and not a trial of the killing of Dr. Tiller," said Richard Levy, a law professor at the University of Kansas. "It is often a sound defense strategy to go after the victim."